Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)

Connecticut Superior Court

Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)

1995 Conn. Super. Ct. 5391

CourtConnecticut Superior Court

DecidedMay 19, 1995

DocketNo. CV95-0248508S

StatusUnpublished

This text of 1995 Conn. Super. Ct. 5391 (Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995), 1995 Conn. Super. Ct. 5391 (Colo. Ct. App. 1995).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (#101) After hearing held on plaintiff's application for prejudgment remedy as to defendant Hershel F. Jones only, it is hereby Ordered: denied; for the following reasons:

The action seeks recovery of unpaid rent and related charges pursuant to the terms of a written lease. The plaintiff's complaint (para. 4) alleges that "[o]n December 31, 1993, the plaintiff released the defendant, Hershal [sic] F. Jones, from the terms and conditions of this lease." The court finds that evidence such release was nonbinding upon the plaintiff is unpersuasive.

The court's role in ruling on the application is "to determine probable success by weighing probabilities," both legal and factual. Hoke Inc. v. Circuits, Inc., 26 Conn. App. 804, 805 (1992). In assessing the issues, the court is unable to find that the plaintiff has sustained the burden of showing probable cause to sustain the validity of its claim. Bank of Boston Connecticutv. Schlesinger, 220 Conn. 152, 157 (1991).

Gaffney, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (#101) After hearing held on plaintiff's application for prejudgment remedy as to defendant Hershel F. Jones only, it is hereby Ordered: denied; for the following reasons:

The action seeks recovery of unpaid rent and related charges pursuant to the terms of a written lease. The plaintiff's complaint (para. 4) alleges that "[o]n December 31, 1993, the plaintiff released the defendant, Hershal [sic] F. Jones, from the terms and conditions of this lease." The court finds that evidence such release was nonbinding upon the plaintiff is unpersuasive.

The court's role in ruling on the application is "to determine probable success by weighing probabilities," both legal and factual. Hoke Inc. v. Circuits, Inc., 26 Conn. App. 804, 805 (1992). In assessing the issues, the court is unable to find that the plaintiff has sustained the burden of showing probable cause to sustain the validity of its claim. Bank of Boston Connecticutv. Schlesinger, 220 Conn. 152, 157 (1991).

Gaffney, J.

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1995 Conn. Super. Ct. 5391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-realty-inc-v-jones-no-cv95-0248508s-may-19-1995-connsuperct-1995.

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